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Medical negligence

Georgia Court Affirms Adverse Jury Verdict in Stillborn Birth Appeal

Although many medical malpractice suits involve troubling facts, those underlying Armstrong v. Gynecology & Obstetrics of Dekalb, a recent decision of the Georgia Court of Appeals, are especially gloomy. The plaintiffs in this case brought a medical malpractice suit against Gynecology & Obstetrics of DeKalb, P.C. and three physicians who worked for the medical practice…

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Notice Requirements Complicate Wrongful Death Suit Against Atlanta V.A. Medical Center

As we have discussed in previous posts, filing a legal claim against the state or federal government is not always a straightforward process. Successfully asserting a claim against a governmental body often depends on satisfying requirements set forth in legislation regarding sovereign immunity, and many sovereign immunity waiver statutes impose unexpected notice obligations that, if not…

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Dentist Malpractice in Georgia

In a 2013 case, a woman appealed after the court granted summary judgment in her malpractice claim against a dentist and his practice. The dentist had claimed she filed her action outside the two-year statute of limitations. The plaintiff had problems with her teeth and saw two dentists. She was referred to Dr. Braswell, who examined…

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Higher Standards for Emergency Room Negligence in Georgia

In a 2013 Georgia Supreme Court case, the Court considered a medical malpractice claim in connection with an emergency department visit. The case arose when a woman took her 15-year-old son to the emergency department of a hospital in 2007. The week before the visit, the son had undergone a knee surgery. The son was…

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Statute of Repose in Georgia Medical Malpractice

The time period within which you may bring a medical malpractice suit in Georgia is very limited. In a recent case, a couple appealed the dismissal of their medical malpractice case. The trial court had ruled the claims were time-barred. The case arose when the couple sued the doctor for damages. The wife and physician had entered…

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Limited Informed Consent Rights in Georgia

Until 1988, the doctrine of informed consent was not followed in Georgia. This meant doctors didn’t have a duty to disclose the risks of medical treatments. In 1988, the Georgia legislature adopted a statute that required informed consent, but only in relationship to six specific categories. These include the patient’s diagnosis that made the procedure…

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Failure to Diagnose in Georgia

In a recent case, a Georgia plaintiff brought a lawsuit against a doctor, a medical practice and a laboratory for ordinary and professional negligence. The defendants had failed to diagnose and treat the plaintiff’s wife’s cervical cancer in a timely fashion. The parties took numerous depositions and exchanged a number of discovery requests. During the…

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